Kostick v. Nago

First Amended Complaint for Declaratory and Injunctive Relief

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This is the First Amended Complaint in the federal court challenge to Hawaii's state reapportionment plan. This lawsuit seeks declaratory and injunctive relief, and challenges under the Equal Protection Clause the State of Hawaii's practice of excluding military personnel, their families, and university students who pay nonresident tuition from the population count when reapportioning the state legislature.

The U.S. Census counts everyone who is a "usual resident" of Hawaii in its count of population -- including military, their families, and university students -- but the Hawaii Constitution requires the Hawaii Reapportionment Commission to only count "permanent residents." In an opinion issued in January 2012, the Hawaii Supreme Court held this means the Commission must "extract" active duty military, their families, and university students who pay nonresident tuition from the 1.3 million+ persons counted by the Census as usual residents of Hawaii. This renders invisible nearly 8% of the population.

These people are not counted by the Census in any other state, so Hawaii's "extraction" means that they are not being counted anywhere.

A three-judge court will hear the Plaintiffs' motion for preliminary injunction on May 18, 2012.

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Published In: Civil Rights Updates, Constitutional Law Updates

Reference Info:Pleadings | Federal, 9th Circuit, Hawaii | United States

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Robert Thomas
Damon Key Leong Kupchak Hastert

Robert H. Thomas focuses on issues involving appeals, regulatory takings, eminent domain, water... View Profile »


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